CD CORR-ELDERLY SENTENCE
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HB 45 — CD CORR-ELDERLY SENTENCE
Last action — Added Chief Co-Sponsor Rep. Constance A. Howard
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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3Passed House
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4Passed Senate
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5To Executive
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6Enacted
This bill died with 96th Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
Amends the Unified Code of Corrections. Provides that a committed person who is at least 50 years of age and who has served at least 25 consecutive years of imprisonment in a Department of Corrections institution or facility and is serving a sentence other than death may petition the Prisoner Review Board for an elderly sentence adjustment. Provides that the Prisoner Review Board may not order the release of the committed person if the Prisoner Review Board finds that the committed person poses a threat to public safety. Provides that if the Prisoner Review Board determines that a committed person is eligible for an elderly sentence adjustment and determines that the committed person should receive a sentence adjustment, the Prisoner Review Board shall set the conditions for the committed person's release from prison before the expiration of the committed person's sentence. Provides that the Prisoner Review Board when adjusting a sentence shall require 10 hours of community service for each year served in prison and require electronic monitoring for at least 6 months. Provides that a petition for sentencing adjustment shall be submitted only once unless the Prisoner Review Board decides unusual circumstances warrant another hearing. Provides for notification of the families of victims if a petition for elderly sentence adjustment is filed. Provides that the Department of Corrections shall develop a pilot program patterned after the Impact of Crime on Victims Class (ICVC), including the Restorative Justice segment, used by the Missouri Department of Corrections. Provides that the pilot program shall be implemented in one maximum security prison for women and one maximum security prison for men. Provides that the ICVC shall be made available to prisoners eligible for elderly sentence adjustment on a voluntary basis.
Bill Text
What changed in the latest version
342 added · 374 removedPlain-language change summary
The recent amendment to HB 45 allows the Prisoner Review Board to grant elderly individuals who have been rehabilitated the ability to participate in an Elderly Rehabilitated Prisoner Program. Previously, the bill included provisions for those over 50 who had served at least 25 years in prison to petition for sentence adjustments, but now it emphasizes participation in a specific program instead. This change is important as it aims to provide a clearer pathway for eligible prisoners to reintegrate into society while still ensuring public safety through necessary evaluations and conditions for their release.
*LRB09603130RLC13146b* HB0045 96THEngrossed GENERALLRB096 ASSEMBLY03130 StateRLC of13146 Illinoisb andAN 2010ACT HB0045concerning Introducedcriminal 1/14/2009,law. by Rep.
Arthur L.
Turner SYNOPSIS AS INTRODUCED:
See Index Amends the Unified Code of Corrections.
Provides that a committed person who is at least 50 years of age and who has served at least 25 consecutive years of imprisonment in a Department of Corrections institution or facility and is serving a sentence other than death may petition the Prisoner Review Board for an elderly sentence adjustment.
Provides that the Prisoner Review Board may not order the release of the committed person if the Prisoner Review Board finds that the committed person poses a threat to public safety.
Provides that if the Prisoner Review Board determines that a committed person is eligible for an elderly sentence adjustment and determines that the committed person should receive a sentence adjustment, the Prisoner Review Board shall set the conditions for the committed person's release from prison before the expiration of the committed person's sentence.
Provides that the Prisoner Review Board when adjusting a sentence shall require 10 hours of community service for each year served in prison and require electronic monitoring for at least 6 months.
Provides that a petition for sentencing adjustment shall be submitted only once unless the Prisoner Review Board decides unusual circumstances warrant another hearing.
Provides for notification of the families of victims if a petition for elderly sentence adjustment is filed.
Provides that the Department of Corrections shall develop a pilot program patterned after the Impact of Crime on Victims Class (ICVC), including the Restorative Justice segment, used by the Missouri Department of Corrections.
Provides that the pilot program shall be implemented in one maximum security prison for women and one maximum security prison for men.
Provides that the ICVC shall be made available to prisoners eligible for elderly sentence adjustment on a voluntary basis.
LRB096 03130 RLC 13146 b FISCAL NOTE ACT MAY APPLY A BILL FOR HB0045 LRB096 03130 RLC 13146 b AN ACT concerning criminal law.
(2) hear by at least one member and through a panel of at least 3 members decide, the conditions of parole and the HB0045 Engrossed - 2 - LRB096 03130 RLC 13146 b time of discharge from parole, impose sanctions for violations of parole, and revoke parole for those sentenced under the law in effect prior to this amendatory Act of 1977;
(4) hear by at least 1 member and through a panel of at HB0045 Engrossed - 3 - LRB096 03130 RLC 13146 b least 3 members, decide cases brought by the Department of Corrections against a prisoner in the custody of the Department for alleged violation of Department rules with respect to good conduct credits pursuant to Section 3-6-3 of this Code in which the Department seeks to revoke good conduct credits, if the amount of time at issue exceeds 30 days or when, during any 12 month period, the cumulative amount of credit revoked exceeds 30 days except where the infraction is committed or discovered within 60 days of scheduled release.
(6) hear by at least one member and through a panel of at least 3 members decide, all requests for pardon, reprieve or commutation, and make confidential HB0045 Engrossed - 4 - LRB096 03130 RLC 13146 b recommendations to the Governor;
Within 6 months after the implementation of the pilot project, the Prisoner HB0045 Engrossed - 5 - LRB096 03130 RLC 13146 b Review Board, with the cooperation of and in coordination with the Department of Corrections and the Department of Central Management Services, shall report to the Governor and the General Assembly regarding the use, costs, effectiveness, and future viability of interactive video conferences for Prisoner Review Board hearings.
The Chairman of the Board may sign subpoenas which shall be served by any agent or public official authorized by the Chairman of the Board, or by any person lawfully authorized to serve a subpoena under the HB0045 Engrossed - 6 - LRB096 03130 RLC 13146 b laws of the State of Illinois.
mails addressed to the person at his last known address or after the personal service of the copy of the notice and petition upon such HB0045 Engrossed - 7 - LRB096 03130 RLC 13146 b person.
(i) The Prisoner Review Board may grant elderlyparticipation sentencein adjustmentsthe Elderly Rehabilitated Prisoner Program in accordance with Section 5-8-1.4.
(a) Except as otherwise provided in the statute defining HB0045 Engrossed - 8 - LRB096 03130 RLC 13146 b (a) Except as otherwise provided in the statute defining the offense and except as otherwise provided in Section 5-8-1.4, a sentence of imprisonment for a felony shall be a determinate sentence set by the court under this Section, according to the following limitations:
or, irrespective of the defendant's age at the time of the commission of the offense, is found guilty of HB0045 Engrossed - 9 - LRB096 03130 RLC 13146 b commission of the offense, is found guilty of murdering more than one victim, or (iii) is found guilty of murdering a peace officer, fireman, or emergency management worker when the peace officer, fireman, or emergency management worker was killed in the course of performing his official duties, or to prevent the peace officer or fireman from performing his official duties, or in retaliation for the peace officer, fireman, or emergency management worker from performing his official duties, and the defendant knew or should have known that the murdered individual was a peace officer, fireman, or emergency management worker, or (iv) is found guilty of murdering an employee of an institution or facility of the Department of Corrections, or any similar local correctional agency, when the employee was killed in the course of performing his official duties, or to prevent the employee from performing his official duties, or in retaliation for the employee performing his official duties, or (v) is found guilty of murdering an emergency medical technician - ambulance, emergency medical technician - intermediate, emergency medical technician - paramedic, ambulance driver or other medical assistance or first aid person while HB0045 Engrossed - 10 - LRB096 03130 RLC 13146 b medical assistance or first aid person while employed by a municipality or other governmental unit when the person was killed in the course of performing official duties or to prevent the person from performing official duties or in retaliation for performing official duties and the defendant knew or should have known that the murdered individual was an emergency medical technician - ambulance, emergency medical technician - intermediate, emergency medical technician - paramedic, ambulance driver, or other medical assistant or first aid personnel, or (vi) is a person who, at the time of the commission of the murder, had not attained the age of 17, and is found guilty of murdering a person under 12 years of age and the murder is committed during the course of aggravated criminal sexual assault, criminal sexual assault, or aggravated kidnaping, or (vii) is found guilty of first degree murder and the murder was committed by reason of any person's activity as a community policing volunteer or to prevent any person from engaging in activity as a community policing volunteer.
For the purpose of this Section, "community policing volunteer" has the meaning ascribed to it in HB0045 Engrossed - 11 - LRB096 03130 RLC 13146 b Section 2-3.5 of the Criminal Code of 1961.
HB0045 - 11 - LRB096 03130 RLC 13146 b For purposes of clause (v), "emergency medical technician - ambulance", "emergency medical technician - intermediate", "emergency medical technician - paramedic", have the meanings ascribed to them in the Emergency Medical Services (EMS) Systems Act.
(2.5) for a person convicted under the circumstances described in paragraph (3) of subsection (b) of Section HB0045 Engrossed - 12 - LRB096 03130 RLC 13146 b described in paragraph (3) of subsection (b) of Section 12-13, paragraph (2) of subsection (d) of Section 12-14, paragraph (1.2) of subsection (b) of Section 12-14.1, or paragraph (2) of subsection (b) of Section 12-14.1 of the Criminal Code of 1961, the sentence shall be a term of natural life imprisonment;
HB0045 Engrossed - 13 - LRB096 03130 RLC 13146 b (c) A motion to reduce a sentence may be made, or the court HB0045 - 13 - LRB096 03130 RLC 13146 b may reduce a sentence without motion, within 30 days after the sentence is imposed.
For those sentenced under HB0045 Engrossed - 14 - LRB096 03130 RLC 13146 b the law in effect prior to February 1, 1978, such term shall be HB0045 - 14 - LRB096 03130 RLC 13146 b identified as a parole term.
(4) for defendants who commit the offense of predatory criminal sexual assault of a child, aggravated criminal sexual assault, or criminal sexual assault, on or after the effective date of this amendatory Act of the 94th General Assembly, or who commit the offense of aggravated child HB0045 Engrossed - 15 - LRB096 03130 RLC 13146 b Assembly, or who commit the offense of aggravated child pornography, manufacture of child pornography, or dissemination of child pornography after January 1, 2009, the term of mandatory supervised release shall range from a minimum of 3 years to a maximum of the natural life of the defendant;
The other state shall be furnished with a copy of the order imposing sentence which shall provide that, when the offender is released from confinement of the other state, whether by parole or by termination of sentence, the offender shall be transferred by the Sheriff of the committing county to the HB0045 Engrossed - 16 - LRB096 03130 RLC 13146 b Illinois Department of Corrections.
The court shall cause the HB0045 - 16 - LRB096 03130 RLC 13146 b Department of Corrections to be notified of such sentence at the time of commitment and to be provided with copies of all records regarding the sentence.
Elderly sentenceRehabilitated adjustment;Prisoner Program;
HB0045 Engrossed - 17 - LRB096 03130 RLC 13146 b (a) A committed person as defined in subsection (c) of Section 3-1-2 of this Code who is at least 50 years of age and HB0045 - 17 - LRB096 03130 RLC 13146 b who has served at least 25 consecutive years of imprisonment in a Department of Corrections institution or facility and is serving a sentence other than death may petition the Prisoner Review Board for anparticipation elderlyin sentencethe adjustmentElderly Rehabilitated Prisoner Program as provided in this Section.
(b) The Prisoner Review Board may grant the petitioner anparticipation elderlyin sentencethe adjustmentElderly Rehabilitated Prisoner Program if the petitioner documents and demonstrates to the Prisoner Review Board the following:
HB0045 Engrossed - 18 - LRB096 03130 RLC 13146 b (5) the committed person's renunciation of criminal activity and gang affiliation if the committed person was a member of a gang.
HB0045 - 18 - LRB096 03130 RLC 13146 b (c) The petition shall contain:
If the Prisoner Review Board determines that a committed person is eligible for aparticipation sentencein adjustmentthe Elderly Rehabilitated Prisoner Program under this Section and determines that the committed person should receiveparticipate ain sentencethe adjustment,Elderly Rehabilitated Prisoner Program, the Prisoner Review Board shall set the conditions for the committed person's release from prison before the expiration of the committed person's sentence.
The Prisoner Review Board when adjustinggranting aparticipation sentencein the Elderly Rehabilitated Prisoner Program shall require 10 hours of community service for each year served in prison and require HB0045 Engrossed - 19 - LRB096 03130 RLC 13146 b electronic monitoring for at least 6 months.
(e) A petition for sentencingparticipation adjustmentin the Elderly Rehabilitated Prisoner Program under the provisions of this Section shall be submitted only once unless the Prisoner Review Board decides unusual circumstances warrant another hearing.
HB0045 - 19 - LRB096 03130 RLC 13146 b (f)(1) The Department of Corrections shall develop a pilot program patterned after the Impact of Crime on Victims Class (ICVC), including the Restorative Justice segment, used by the Missouri Department of Corrections.
Show all 43 changed lines (3 more)
The ICVC shall be made available to prisoners eligible for elderlyparticipation sentencein adjustmentthe Elderly Rehabilitated Prisoner Program on a voluntary basis.
(5) The pilot program shall include wrap-around victim HB0045 Engrossed - 20 - LRB096 03130 RLC 13146 b services to ensure the safety of victims upon the release of a committed person under anthe elderlyElderly sentenceRehabilitated adjustmentPrisoner program.Program.
HB0045 Engrossed - 2021 - LRB096 03130 RLC 13146 b INDEX Statutes amended in order of appearance 730 ILCS 5/3-3-2 from Ch.
Show all 43 changed rows (3 more)
Action History
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Added Chief Co-Sponsor Rep. Constance A. Howard
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Added Chief Co-Sponsor Rep. Eddie Washington
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Third Reading - Short Debate - Lost 032-083-002
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Placed on Calendar Order of 3rd Reading - Standard Debate
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Remove Chief Co-Sponsor Rep. LaShawn K. Ford
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Held on Calendar Order of Second Reading - Standard Debate
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Second Reading - Standard Debate
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Placed on Calendar 2nd Reading - Standard Debate
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Do Pass as Amended / Standard Debate Prison Reform Committee; 004-003-000
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House Committee Amendment No. 1 Adopted in Prison Reform Committee; by Voice Vote
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House Committee Amendment No. 1 Filed with Clerk by Prison Reform Committee
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Added Chief Co-Sponsor Rep. LaShawn K. Ford
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Suspend Rule 25 - Prevailed
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Moved to Suspend Rule 25 Rep. Barbara Flynn Currie
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Assigned to Prison Reform Committee
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Referred to Rules Committee
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First Reading
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Prefiled with Clerk by Rep. Arthur L. Turner
Sponsors
- Arthur L. Turner · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →0 sponsors · 1 co-sponsors · 182 not signed on · 10 voted No
Sponsors (0)
None.
Co-sponsors (1)
- Arthur L. Turner
Not signed on (182)
182 members have not signed on to this bill.
Show all 182 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 27 | 74 | 0 | 2 |
| Democrat | 4 | 6 | 0 | 1 |
| Republican | 1 | 3 | 0 | 0 |
| Total | 32 | 83 | 0 | 3 |
| % of votes cast | 27% | 70% | 0% | 3% |
How each member voted (118)
| Member | Party | Vote |
|---|---|---|
| Hatcher | — | Nay |
| Nekritz | — | Yea |
| Tryon | — | Nay |
| May | — | Yea |
| Davis, Monique | — | Yea |
| Lyons | — | Yea |
| Leitch | — | Nay |
| Madigan | — | Yea |
| McGuire | — | Yea |
| McAsey | — | Nay |
| McAuliffe | — | Nay |
| McCarthy | — | Nay |
| Harris | — | Yea |
| Mell | — | Yea |
| Howard | — | Yea |
| Mendoza | — | Nay |
| Senger | — | Nay |
| Thapedi | — | Yea |
| Reitz | — | Nay |
| Turner | — | Yea |
| Washington | — | Yea |
| Yarbrough | — | Yea |
| Zalewski | — | Yea |
| Bradley | — | Nay |
| Brady | — | Nay |
| Sullivan | — | Nay |
| Burke | — | Nay |
| Mitchell, Bill | — | Nay |
| Mitchell, Jerry | — | Nay |
| Gordon, Careen | — | Nay |
| Cavaletto | — | Nay |
| Colvin | — | Yea |
| Cultra | — | Yea |
| Currie | — | Yea |
| Dugan | — | Nay |
| Dunkin | — | Nay |
| Durkin | — | Nay |
| Farnham | — | Nay |
| Flider | — | Nay |
| Flowers | — | Yea |
| Fortner | — | Nay |
| Franks | — | Nay |
| Fritchey | — | Nay |
| Froehlich | — | Nay |
| Golar | — | Yea |
| Graham | — | Yea |
| Jackson | — | Yea |
| Jakobsson | — | Yea |
| Jefferson | — | Nay |
| Kosel | — | Nay |
| Gordon, Jehan | — | Nay |
| Lang | — | Not Voting |
| Hannig | — | Nay |
| Moffitt | — | Nay |
| Watson | — | Nay |
| Hernandez | — | Nay |
| Myers | — | Nay |
| Osmond | — | Nay |
| Osterman | — | Nay |
| Pihos | — | Nay |
| Verschoore | — | Nay |
| Wait | — | Nay |
| Winters | — | Nay |
| Coladipietro | — | Nay |
| Cole | — | Nay |
| Cross | — | Nay |
| D'Amico | — | Nay |
| Eddy | — | Not Voting |
| Hamos | — | Nay |
| Holbrook | — | Nay |
| Phelps | — | Nay |
| Poe | — | Nay |
| Pritchard | — | Nay |
| Ramey | — | Nay |
| Reboletti | — | Nay |
| Reis | — | Nay |
| Riley | — | Yea |
| Ryg | — | Yea |
| Sacia | — | Nay |
| Saviano | — | Nay |
| Schmitz | — | Nay |
| Sommer | — | Nay |
| Soto | — | Yea |
| Acevedo | — | Nay |
| Arroyo | — | Yea |
| Bassi | — | Nay |
| Beaubien | — | Nay |
| Beiser | — | Nay |
| Bellock | — | Nay |
| Mathias | — | Nay |
| Berrios | — | Nay |
| Mautino | — | Nay |
| Biggins | — | Nay |
| Black | — | Nay |
| Boland | — | Nay |
| Bost | — | Nay |
| Brauer | — | Nay |
| Brosnahan | — | Nay |
| Burns | — | Yea |
| Connelly | — | Nay |
| Coulson | — | Nay |
| Mulligan | — | Nay |
| Chapa LaVia | — | Nay |
| Anthony DeLuca | Democrat | Nay |
| Fred Crespo | Democrat | Nay |
| Jay Hoffman | Democrat | Nay |
| La Shawn K. Ford | Democrat | Yea |
| Lakesia Collins | Democrat | Yea |
| Mark L. Walker | Democrat | Nay |
| Nicholas K. Smith | Democrat | Nay |
| Patrick J. Joyce | Democrat | Nay |
| Robert "Bob" Rita | Democrat | Yea |
| Sara Feigenholtz | Democrat | Not Voting |
| William "Will" Davis | Democrat | Yea |
| Brad Stephens | Republican | Nay |
| Chapin Rose | Republican | Nay |
| Chris Miller | Republican | Yea |
| Jil Tracy | Republican | Nay |
Subjects
Frequently asked questions
- What does HB 45 do?
- Amends the Unified Code of Corrections. Provides that a committed person who is at least 50 years of age and who has served at least 25 consecutive years of imprisonment in a Department of Corrections institution or facility and is serving a sentence other than death may petition the Prisoner Review Board for an elderly sentence adjustment. Provides that the Prisoner Review Board may not order the release of the committed person if the Prisoner Review Board finds that the committed person poses a threat to public safety. Provides that if the Prisoner Review Board determines that a committed person is eligible for an elderly sentence adjustment and determines that the committed person should receive a sentence adjustment, the Prisoner Review Board shall set the conditions for the committed person's release from prison before the expiration of the committed person's sentence. Provides that the Prisoner Review Board when adjusting a sentence shall require 10 hours of community service for each year served in prison and require electronic monitoring for at least 6 months. Provides that a petition for sentencing adjustment shall be submitted only once unless the Prisoner Review Board decides unusual circumstances warrant another hearing. Provides for notification of the families of victims if a petition for elderly sentence adjustment is filed. Provides that the Department of Corrections shall develop a pilot program patterned after the Impact of Crime on Victims Class (ICVC), including the Restorative Justice segment, used by the Missouri Department of Corrections. Provides that the pilot program shall be implemented in one maximum security prison for women and one maximum security prison for men. Provides that the ICVC shall be made available to prisoners eligible for elderly sentence adjustment on a voluntary basis.
- Who sponsors HB 45?
- HB 45 is sponsored by Arthur L. Turner.
- What is the current status of HB 45?
- This bill died with 96th Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track HB 45?
- Track HB 45 free on One Click Politics — get push/email alerts when it moves.
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